Under such statutes, assault means both battery and assault. Simple battery is the knowing or intentional use of force to cause injury or an offensive touch, and is generally a misdemeanor. Definition of battery with intent to commit a crime in Nevada. [5] Simple battery is more often a misdemeanor. [2] Battery is often confused with assault which is threatening battery. In criminal law the elements of battery are physical contact that causes harm or offensive contact without that person's consent. This issue is so prevalent that the crime of sexual assault[4] would be better labelled a sexual battery. [3] There are four elements to criminal battery:[4]. Additionally, a charge of battery may be elevated to a charge of aggravated battery if the victim’s injuries are considered to be severe. Under modern statutory schemes, battery is often divided into grades that determine the severity of punishment. Instead, the Code has an offense of assault, and assault causing bodily harm. Battery is typically classified as either simple or aggravated. The Nevada crime of battery (NRS 200.481) is any willful and unlawful use of force or violence upon another’s person. The crime of battery is the intentional touching of another in an angry manner, or the intentional use of force or violence against another. The burden of proof is usually lower in a civil court than in a criminal court. This can range anywhere from the obvious battery where a physical attack such as a punch or kick is involved, to even minimal contact in some cases. battery définition, signification, ce qu'est battery: 1. a device that produces electricity to provide power for radios, cars, etc. See the Crown Prosecution Service Sentencing Manual for case law on sentencing. As with the majority of offences in the UK, it has two elements: This offence is a crime against autonomy, with more violent crimes such as ABH and GBH being punishable under the Offences against the Person Act 1861. In the United States, criminal battery, or simple battery, is the use of force against another, resulting in harmful or offensive contact, including sexual contact. [3] Criminal battery and civil battery may be the same or differ slightly depending on jurisdiction. Sexual battery is a term describing a sexual crime that involves criminal sexual contact or touching. Most people think it is strictly being punched, kicked, or something like that. There is a physical injury or touching in an offensive manner. Assault and battery is the combination of two violent crimes: assault (the threat of violence) and battery (crime) (physical violence). The crime of simple battery is governed by individual state statutes, which means that the severity of the crime is determined by your local jurisdiction. Battery Law and Legal Definition. Learn more. In criminal law, this is a physical act that results in harmful or offensive contact with another person without that person's consent.2. the actor intends or knows that their action will cause the offensive touching. Battery is a specific common law misdemeanor, although the term is used more generally to refer to any unlawful offensive physical contact with another person, and may be a misdemeanor or a felony, depending on the circumstances. An assault is causing someone to apprehend that you will commit a battery. However, historically, assault and battery were two different crimes. The terminology used to refer to a particular offense can also vary by jurisdiction. This results in a different sentencing framework, as follows: In some states, battery is called assault. Battery is a type of criminal charge that involves the unauthorized application of force against another person’s body, which results in offensive touching or actual physical injury. For example: In the state of Kansas, battery is defined as follows:[15], The law on battery in Louisiana reads:[16]. Regardless of which definition the jurisdiction uses, the broader definition of assault, or separate definitions for assault and battery, a crime of this nature in the first-degree (or aggravated) is classified as a felony. [3], When a court refers to 'battery', what is usually meant is simple battery. [4], Criminal battery is the result of breaking a law regarding harming another person. [1] Battery: Act Requirement The criminal act required for battery boils down to an offensive or harmful contact. Examples include hitting, burning, spitting on, and even poisoning. Battery is a crime and also the basis for a lawsuit as a civil wrong if there is damage. For instance, if you spit on someone, that will be considered a battery. [3] It is also called an intentional tort. 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